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CFPB Proposes Changes to Mortgage Rules for Small Lenders
On January 29, the CFPB announced a proposed rule that would provide regulatory relief to more small lenders. Among other things, the proposed rule would (i) increase the loan origination limit to qualify for “small creditor” status from 500 loans to 2,000 loans annually; (ii) include certain mortgage affiliates in the calculation of small-creditor status; (iii) expand the definition of “rural” to include census blocks that are not in an urban area; and (iv) extend the transition period in which small lenders can make QMs with balloon payments, regardless of location, to April 1, 2016. Comments on the proposed rule are due by March 30.
CFPB: Supervisory Obligations Trump Nondisclosure Agreements
As previously reported in our Special Alert on January 29, the CFPB issued Compliance Bulletin 2015-01, which reminds supervised financial institutions of their obligations concerning the disclosure of confidential supervisory information to the CFPB and to third parties. For more information, please visit our CFPB Resource Center.
CFPB Partners with Industry Group to Improve Financial Education
On January 28, the Financial Services Roundtable (FSR) announced a joint initiative with the CFPB to promote effective financial education throughout the country. The public-private partnership will provide tools and information to develop financial education strategies in three particular areas: (i) K-12 schools; (ii) the workplace; and (iii) communities with older Americans. In prepared remarks, CFPB Director Richard Cordray noted that the Bureau’s joint efforts with the FSR will “create more visibility and focused effort to promote financial education and share promising practices around the country,” “mak[ing] a real difference in the financial lives of all Americans.”
Special Alert: CFPB States Supervisory Obligations Trump Nondisclosure Agreements
On January 27, the CFPB issued Compliance Bulletin 2015-01 to remind supervised financial institutions of their obligations concerning the disclosure of confidential supervisory information (CSI) to the CFPB and to third parties. Specifically, the bulletin addresses the interaction between a financial institution’s obligations with respect to the CFPB and its contractual obligations under nondisclosure agreements (NDAs) with a third party that restrict the sharing of information. Such NDAs typically (i) restrict sharing protected information with any third party (which would include a supervisory agency) other than in connection with a subpoena or similar legal requirement and (ii) require the institution to advise the third party before it shares information as required by law (which again would include sharing protected information with a supervisory agency).
Supervised financial institutions and other persons, with limited exceptions outlined in the bulletin, are generally prohibited from disclosing CSI to third parties. According to the bulletin, a supervised financial institution should not rely on the provisions of an NDA to justify disclosing CSI in a manner not otherwise permitted, either through a valid exception or prior written approval from the CFPB. The bulletin appears to take the position that the fact that information has been shared with the CFPB is itself CSI.
The bulletin also warns supervised financial institutions that an NDA between an institution and a third party does not alter or limit the CFPB’s supervisory authority, and that the failure based on an NDA to provide CSI or other information required by the CFPB to conduct its supervisory activities is a violation of law for which the CFPB will pursue all available remedies.
In that supervised institutions such as banks and bank holding companies have been subject to the same issue for many years, this bulletin may be aimed at non-banks that are new to being subject to federal financial supervision. Questions regarding the matters discussed in this Alert may be directed to any of our lawyers listed below, or to any other BuckleySandler attorney with whom you have consulted in the past.
- Jeffrey P. Naimon, (202) 349-8030
- John P. Kromer, (202) 349-8040
- Joseph M. Kolar, (202) 349-8020
- Jeremiah S. Buckley, (202) 349-8010
CFPB Finalizes TILA-RESPA Integrated Mortgage Disclosure (TRID) Amendments
As previously reported in our Special Alert on January 20, the CFPB finalized certain amendments to its TRID rule, which combines the mortgage disclosures consumers receive under the Truth in Lending Act and the Real Estate Settlement Procedures Act. Significant amendments include: (i) allowing three business days for providing a revised Loan Estimate after an interest rate is locked (instead of the current same day requirement and the original proposal’s one business day requirement); and (ii) permitting the inclusion of certain information about construction loans on the Loan Estimate. The final rule, as amended, takes effect August 1. For more information, please visit our TRID Resource Center.
CFPB and Maryland AG Bring Enforcement Action For Alleged RESPA Violations
On January 22, the CFPB and Maryland Attorney General announced an enforcement action against two banks, as well as a former loan officer and his wife, for alleged violations of RESPA and state law. The complaint filed in the District of Maryland alleges that loan officers at the banks accepted leads and marketing assistance from a title company in exchange for the referral of settlement service business to the title company. The parties filed Stipulated Final Judgments and Orders, under which one bank will pay approximately $10.8 million to consumers and $24 million in penalties, and the other bank will pay $300,000 to consumers and $600,000 in penalties. The individual loan officer and his wife will pay a combined $30,000 penalty.
House Financial Services Committee Approves Agenda for 114th Congress
On January 21, the Committee on Financial Services, in a voice vote, agreed to a new oversight plan that identifies the areas that the Committee and its subcommittees plan to oversee during the 114th Congress. Notable sections of the oversight plan include: (i) examining the governance structure and funding mechanism of the CFPB; (ii) reviewing recent rulemakings by the CFPB and other agencies on a variety of mortgage-related issues; (iii) examining the effects of regulations promulgated by Dodd-Frank on community financial institutions; and (iv) examining proposals to modify the GSEs.
Special Alert: CFPB Finalizes Amendments to TILA-RESPA Integrated Mortgage Disclosures
On January 20, 2015, the CFPB finalized amendments to the TILA-RESPA Integrated Disclosure (“TRID”) rule that make a number of amendments, clarifications, and corrections, including:
- Relaxing the redisclosure requirements after a rate lock. The final rule permits creditors to provide a revised Loan Estimate within three business days after an interest rate is locked, instead of the current requirement to provide the revised Loan Estimate on the date the rate is locked (and instead of the proposed rule that would have allowed only one business day)
- Creating room on the Loan Estimate for the disclosure that must be provided on the initial Loan Estimate as a condition of issuing a revised estimate for construction loans where the creditor reasonably expects settlement to occur more than 60 days after the initial estimate is provided
- Adding the Loan Estimate and Closing Disclosure to the list of loan documents that must disclose the name and NMLSR ID number of the loan originator organization and individual loan originator under 12 C.F.R. § 1026.36(g)
- Providing additional guidance related to the disclosure of escrow accounts, such as when an escrow account is established but escrow payments are not required with a particular periodic payment or range of payments
- Clarifying that, consistent with the requirement for the Loan Estimate, the addresses for all properties securing the loan must be provided on the Closing Disclosure, although an addendum may be used for this purpose
For your convenience, we have updated our summary of the TRID rule to identify the most significant changes. Please visit our TRID Resource Center for additional information and analysis regarding all aspects of the TRID rule.
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Questions regarding the matters discussed in this Alert may be directed to any of our lawyers listed below, or to any other BuckleySandler attorney with whom you have consulted in the past.
- Clinton R. Rockwell, (310) 424-3901
- Jeffrey P. Naimon, (202) 349-8030
- John P. Kromer, (202) 349-8040
- Joseph M. Kolar, (202) 349-8020
- Jeremiah S. Buckley, (202) 349-8010
CFPB Unveils Know Before You Owe "Owning A Home" Initiative
On January 13, the CFPB published a report based on results from its recent survey of consumers who had recently taken out new mortgages. The survey, jointly conducted by the CFPB and the FHFA, found that (i) almost half of consumers who take out a mortgage fail to shop around prior to application; (ii) three out of four consumers only apply with one lender or broker; (iii) 70% of consumers report relying on their lender or broker to get information about mortgages; and (iv) consumers who are knowledgeable about the mortgage process are more likely to shop around for loans. Along with the survey results, and as part of the CFPB’s Know Before You Owe initiative, the Bureau unveiled an interactive online tool called “Owning a Home,” which is designed to inform consumers shopping for a mortgage. The tool takes the borrower from the start of the home-buying process — with a guide to loan options, terminology, interest rates and costs — to the closing table with a closing checklist.
CFPB Issues Request For Information on Proposed "Safe Student Account Score Card"
On January 14, the CFPB issued a press release seeking public comments on its “Safe Student Account Scorecard.” The scorecard is a tool for colleges and universities to solicit information on the fees and features of financial products before selecting a financial institution partner. It would enable colleges and universities to evaluate the costs and benefits of financial products based on a variety of different factors including fees, product features, sales and marketing practices, and how much financial institutions earn for each account opened. The Bureau is interested in receiving comments from students, parents, colleges and universities, and financial institutions by March 16, 2015.